A person in law is defined as “an entity or being which is recognized by law as having certain defined rights and obligations which can be enforced by the law.”
Kenyan law recognizes two persons upon whom its confers rights;
Natural persons: This is the human being who is recognized as a person by law by reason of his characteristics. In many cases, fundamental human rights are implicitly granted only to natural persons
A juristic person: This is an abstraction of the law often described as an artificial person This person is referred to as a Corporation or an Incorporated Association
The effects of legal recognition of juristic persons is such that they have certain rights protections, privileges, responsibilities, and obligations in law,
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Natural persons by law have the right to enter into contractual relationships with the exceptions of certain class of people including infants/minors, insane and people under the influence of drugs. Corporations have capacity to enter into contracts; be they employment or to promote the purposes for which they were created. For example; a company has capacity to hire and fire. It was so held in lee v lee’s Air farming company limited where Mr. Lee formed a company with a capital of 3,000 shares of $1 each. Mr. Lee held 2,999 of the shares the other share was held by a solicitor on his behalf. Mr. Lee was the governing director and the company chief pilot .He died in a crash while working for the company. Mrs. Lee sued for compensation under the workman’s Compensation Act and she was entitled as to compensation.
Perpetual Succession:
The phrase “perpetual succession” denotes that juristic persons can continue to exist indefinitely, regardless of changes to their membership. Until the company’s liquidation. The “perpetual succession” occurs because a company and its members are separate persons and so the company’s legal life is not terminated by a member’s death.
Common
The legal Model is the behavior of judges explaining the law while making decisions. Justices tend to make judgments based off past precedent. Judges subscribe to the legal model for public consumption. J...
However, individuals’ abstract idea of how the law works can be contrary to the actual workings
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
contravene laws, Jackson et al. 2011). For instance, society might regard various laws that govern them as legitimate when they perceive the legal and justice system and its authorities as promoting suitable standards of conduct, (Jackson et al. 2011). Consequently, such legitimacy pertains to the perception that various enacted laws are supposed to be complied with not as a result of external endorsement, rather because they are the correct behavioral standards, (Jackson et al. 2011). Society may confer legitimacy on law enforcers not merely due to the law enforcers’ adherence to standards of good behavior, but rather because it perceives the law enforcers as representing certain normative ethical frameworks, (Hough et al, 2010). This is particularly
This particular statute allows for corporations and such to obtain several, but not all, constitutional rights as any person or persons. In particularly own property, sue and be sued under criminal and civil law, enter contests. Moreover, because corporations and such are considerate as “person”, business has the legal rights for its debts and damages. On the contrary, persons who are employed by a particular association are liable for their own misconduct and law-breaking while acting on behalf of a corporation. In addition, corporation has rights for its own actions, has rights such as: limited free speech and to advertise their product ("The Rights of Corporations," 2009). Likewise, businesses have the responsibility to elect a CEO, provide continuity; increase profits, social responsibilities, and manages recourses effectively (“Functions & Responsibilities of a Corporation").
‘Law as integrity’ embraces a vision for judges which states that as far as possible judges should identify legal rights and duties assuming that they are created by the public as an entity, and that they express the public’s perception of justice and fairness. This requires Dworkin’s ideal of Hercules, a judge of ‘superhuman skill, learning, patience and acumen’, to ask whether his interpretation of law could form a part of a coherent theory justifying the whole legal system. Law as integrity stipulates that the law must express one voice. Judges must accept that the law is based around coherent principles about justice, fairness and procedural due process, in all new cases which comes before them in order to treat everybody equally.
Parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law” . In this essay, I will argue the ways that judges do make law as well as discussing the contrary.
In company law, registered companies are complicated with the concepts of separate legal personality as the courts do not have a definite rule on when to lift the corporate veil. The concept of ‘Separate legal personality’ is created under the Companies Act 1862 and the significance of this concept is being recognized in the Companies Act 2006 nowadays. In order to avoid personal liability, it assures that individuals are sanctioned to incorporate companies to separate their business and personal affairs. The ‘separate legal personality’ principle was further reaffirmed in the courts through the decision of Salomon v Salomon & Co Ltd. , and it sets the rock in which our company law rests which stated that the legal entity distinct from its
[7] Cavendish Lawcards Series (2002) Company Law (3rd edn), p.15 [8] [1976] 3 All ER 462, CA. [9] Griffin, S. (1996) Company Law Fundamental Principles (2nd edn), p.19 [10] [1990] Ch 433. [11] Lecture notes [12] Lecture notes [13] [1939] 4 All ER 116.
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
William O. Douglas said, "Common sense often makes good law." Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
Leon Petrażycki and Eugen Ehrlich had independent work but their theories corresponded with one another in at least one respect (33). Both theorists believe that the law is found in institutions that are outside authority.
Leiter, Brian. Naturalizing jurisprudence: essays on American legal realism and naturalism in legal philosophy. (Oxford: Oxford University Press, 2007).